Document Type : research
Authors
1
PhD student of Theology and Islamic Studies, Faculty of Humanities, Jurisprudence and Islamic Law, Khomein Branch, Islamic Azad University, Khomein, Iran
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Shahid Mahalati Higher Education Complex Qom, Qom, Iran
3
Professor, Department of Theology and Islamic Studies, Faculty of Humanities, Saveh Branch, Islamic Azad University, Saveh, Iran
10.22034/ejs.2024.425644.1604
Abstract
Background and purpose: The undeniable role of intellectual property rights in industrial and commercial developments has caused these issues to enter the legal literature, for this reason, it requires jurisprudential and legal discussion. Accordingly, the purpose of this article is to examine intellectual property from the perspective of Islamic jurisprudence and law.
Materials and methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to articles and internal books.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: Some jurists do not recognize intellectual property rights citing reasons such as the rule of sovereignty, non-prescription by the Sharia and conflict with the sanctity and mission of science, and some other jurists citing the rule of harm, the principle of rationality, and the rule of preserving the system. They consider the rule of intellectual property rights as legitimate..
Result: Intellectual property is considered a type of property in custom and people are willing to buy and sell it, so ownership is a type of property. Intellectual property rights are considered "property" since they do not conflict with Sharia and are accepted from the point of view of custom and can be bought and sold, and it is necessary to pay more attention to them.
Keywords
Subjects